abducted by Thukrals as
alleged.
VII. Had there been a case of kidnapping by Thukrals,
along with deceased Subhash Rana they would
have never allowed ... that had the victim i.e. the
deceased or Thukrals really kidnapped custom
officer, the custom officer should have fired shot in
the vehicle itself
amounts to kidnapping from lawful guardianship within the
meaning of the expression defined in Section 361 IPC. The offence of
kidnapping is ordinarily punishable under ... evidence had brought home it to be not merely a case of
kidnapping punishable simpliciter under Section 363 IPC but one of
its aggravated form
appellants to be found innocent.
Kidnapping for Ransom
35. Before delving into the merits of the case, we deem it appropriate to
discuss the relevant ... important ingredient of Section 364A is the
abduction or kidnapping, as the case may be.
Thereafter, a threat to the kidnapped/abducted that
accused persons threatened
her that in case she made any complaint, they would kill her or
kidnap her elder sister. Thereafter, the following ... consent assumes great significance. The trial court disbelieved the
case of kidnapping of PW11 on the ground that it was possible that
PW11 had gone
Nagar, Police Station wherein similar allegations of kidnapping,
intoxication and rape were made. In one such case PW1
subsequently withdrew the complaint. According ... affect the substratum of the
prosecution case. The evidence of PW1 clearly establishes that A2
had kidnapped the minor victim and subjected her to sexual
relationship between the appellant and the victim appeared to be
consensual, the case would nevertheless be classified as rape since the
victim was a minor ... trial
court concluded that it was a case of kidnapping as her consent was
immaterial inasmuch as being a minor she was not capable
bear upon the intent with which the accused
kidnapped or abducted her. If the accused kidnapped or
abducted the woman with the necessary intent ... forced to
have illicit intercourse. Hence, it is not a mere case of
kidnapping for indecent assault but the purpose for
which kidnapping was done
Appellants.
11. In so far as the first part of the case is concerned, namely, the incident that took place on 7th April ... obtained to get her out on bail in connection with some case of kidnapping that had been filed against her.
12. In State of Uttar
Police came to Badayun and arrested us in this false
case. Neither we had kidnapped the child nor we had made
any demand ... guilt of
the appellants with regard to kidnapping of the child victim. To
prove the kidnapping of the child by the appellants
trial Court in the offence of Kidnapping. It was
further stated that in the instant case, the testimonies of the PW1 and
PW4 are corroborated ... important ingredient of Section 364-A is the
abduction or kidnapping, as the case may be. Thereafter,
a threat to the kidnapped/abducted that
